St. Paul daily globe., 1887-11-06
The Sweethearts, Wives and
Mothers Of the Doomed Men
Visit the Jail.
Spies, Sehwab and Fielden
Say They Are Sorry for
the Massacre.
Gov. 0glesby Inundated With
Appeals to Grant a Com
mutation.
A Movement on Foot to Raise
Hades at Chicago Next
Friday.
Special to the Globe.

Special to the Globe.
CHICAGO, ILL.,, Nov. 81 regret to say
that, unless appearances are very de-
ceitful, Illinois in general, and Chicago
in particular, are on a dead run. Dread
ing or fearing to face the consequences
forced before them by the infamy of the
4th of May, 1856, judges, lawyers,
editors, reporters, correspondents, mer-
chants and club men are all holding up
their hands for mercy to the anarchists.
Some of them cloak it very ingeniOusly,
arguing that there could be no
door through which the anarch-
lists could escape the punishment
to which they are sentenced, save that
Ofmercy; that they are securely housed,
literally Gagged behind iron bars and en-
closed within stone walls, so that physi-
cally they are in the power of the state,
and the machinery of the law will re-
lentlessly move down to the moment of
their execution unless the governor in
his discretion steps between them and
death. They argue that justice was
satisfied the moment the record was
perfected and that now consideration of
Public Policy
demands mercy to the condemned.
Sifted from the great mass and mess of
documentary matter on this subject, and
in the interest of the anarchists, / find
two points of considerable interest and
force. Gen. Trumbul points out, in
view of the ruling of the supreme court
TO this effect:
1.-The objection that the letter was OBJ
tanned from the defendant by an unlaw-
ful seizure is made for the first time in
this court. 1t was not made
on the trial in the court
below and as a technical rule of prac-
tice this may be correct, and perhaps
binding on the supreme court, but it is
not binding on the governor, as the late
decision in Frost's case was not binding
on the crown. Technicalities in favor
of life should be literally allowed, and
this is maxim of the law. Technical
tiles in favor of death have
A CHASTITY Look.
They are altogether shocking and
they are odiOuS to the law. In the
deepest tragedy there are scenes of
comedy. So in this. Scarcely had the
supreme court handed the seven men to
the lord high eXecutiOner, when up steps
Mr.. Justice Mulkey, member of The
court, and, with comic parade, passes
mortal judgment upon the decision it
self. The stab he gives it is fatal. Here
is what he says:
ut is not my intention to offer sepa-
rate opinion, as should have done. /
desire to avail myself of this occasion to
say that, while concur in the conclu-
sionS reached, and also in the general
views as entered in the opinion filed, |
do not wish to be understood as holding
that the record is free from error, for /
do not think it."
Which is to say that Justice Mulkey
agrees to the conclusions, but not to the
premises on which they are founded.
He agrees to the general views, but not
to the special reasons. He is neither
ethical nor logical. for if the premises
are bad, the conclusion must be, at
least, dubious. If the special
Reasons Are UnsOund
the general views resulting from them
cannot satisfy the hanging of seven
men. Judge Mulkey's concurrence is |
death for the anarchists on general |
principles and is but judicial echo of |
the angry clamOT of the streets.
They did not have fair Show" said |
the president of vigilance committee, |
in excuse for the hanging of a gang of |
bad characters, ''but most of 'em was |
guilty." The apology was weak. Judge |
Mulkey thinks that the case sanctions
the decision, and at the same time sus-
tains his reputation as lawyer by dis |
claiming all responsibility for its errors. |
He knew that the decision becomes
authority in Illinois and that it will |
be embalmed in the reports"
lie suStains the decision, bar
ring the errors in it, and |
when the passions of the hour are |
gone, when the seven are silent in the
grave, when the bar of Illinois is laugh
ing at the decision as a legal statement,
Judge Mul key reserves the right to say,
al told you so at the time :Isaid then that
errors were in the record ;those thatyou
Tidicule are the errors that l meant"
This resource can not avail him, because
ne is not brave enough to expose in a
separate opinion the errors he confesses.
Chief Justice Plate
confessed that there were errors in the
trial, and even washed his hands of the
judgment, but the stain remains for
ever. Mr.. Justice Mulkey consents to
the death of seven men under judg-
ment which, although legally defective